Well Friday night, we all got hit by the terrible news that Ruth Bader Ginsburg has passed away at the age of 87 or fifth bout of cancer and I was talking to someone and they said I think at least what I felt it's like you kind of felt like she was going to hang on until after this election and it was clear that she was fighting to hang on and she's a very strong person but there are strength ran out, you know, we're all human and she passed away.
Friday night
And the question is what does this mean? I mean the first thing is you you honor the passing of an icon someone who's a Trailblazer for really women certainly the legal field, but she I think she was bigger than that where she stood up for an evolving sense of what human rights were over her career really transcended Generations, you know, I mean, what a full life.
I think someone said it's like, you know, you can't imagine living a more impactful more important life leading a more important career than she did. So on one hand you just look up and say wow, like so grateful that she was Among Us and did what she has done and that lasted unfortunately for apparently about 30 seconds before then people started turning towards what this means in terms of the
Cream Court this election whether Trump is going to nominate someone which I think he announced he is going to and then whether the Senate would move forward to confirm new Justice despite the fact that the election is at this point.
44 days away and the average Supreme Court confirmation process takes two point two months and that's in a normal circumstance. So, so to me, it's really
awful that after sandbagging Merrick Garland in 2016 where they say Hey, look it's only a year until the election. Like let's not deal with this until after the election. And then now when you're in the reverse situation, but instead of having a year you have six weeks and you're like no no this time. We're going to we're just going to cram this through because it's, you know, a different situation like that strikes, I think any reasonable
More person is utterly ridiculous and awful and bullshit. Like, you know, it's just a clear double standard where you take one approach if it's a Justice that represents Viewpoint you don't like and then when the shoes on the other foot then you take a totally different approach.
So here's a couple dots one like we it's heartbreaking like she was a legend even President Trump was asked like if we got a they got a very real candid.
Action of him because he found out the news Friday night from a reporter after his rally, which quick comment his team should have told him between the walk from the rally to his press that's what we would do be like. Hey by the way, so-and-so died or this broke that news whatever it is. Anyway, he did say wow. Like I've nothing to say except she's an amazing woman like what she lived an amazing life. This is very sad something like that. Then it is heartbreaking. The reality is though what you just said is that this is going to be extremely
Is and where I'm going to wait, it's just gonna it's already started. So I thought it'd be we wanted to hop on the Pod and break this down because this is your September surprise. This will be the focal point election and Tim Alberta who's one of our buddies from the campaign just wrote a piece in Politico talking about what Trump and McConnell would or could do but one of the things that's fascinating Andrew and this is why it matters is that
the Supreme Court is and I quote the most and quote the most important factor in voting for president or when they go to vote for 21 percent of the electorate 21% of all voters. This is the most this is the thing they care about so thoughts on how this affects Republicans effects Democrats like it's going to affect it. This is the most important thing for almost everybody when it comes to voting and you now have this hanging in the balance before one of the more important lessons we've ever
One legitimate reason to be concerned about having an even number of justices right now. And this is before, you know, we get to what you just described is that back in 2000 the Supreme Court essentially help decide the election between Al Gore and point and and George w-- Bush, you know, they decided five for a long unfortunately party lines about what to do with the Florida recount.
And and so you have a very real impact on potentially the resolution of the election which to me is another reason why it's it's terrible for us to try and cram a new Justice in and then have that just as literally maybe turn around and decide an election days later. I mean like I don't think that strikes anyone has a good idea but to your point there are millions of Americans who have been focused on the Supreme Court and other courts around the
Country and Republicans have done a superior job of motivating their base around judicial appointments that they're very very consistent on that and they care more about non Supreme Court judicial appointments. I believe then the other side and they're smart because those judges end up deciding a lot of things that never even get to the
the Supreme Court means only the Supreme Court hears everything, you know that you have to go through several levels to get there.
And that is house Trump won over the Evangelical right is that hey, we don't the love Trump but he's gonna stand for conservative values on in our Supreme Court. Here's a list of justices. I'm going to nominate you drop that in May of 2016 before the election so that sorry to interrupt that a big
No-No. You're right. They're very smart and deliberate
about focus on this. Yes. They knew it. They knew the numbers.
An Evangelical voters listen and they say look I can hold my nose and vote for this man because he's going to stand up for
the things I care about their consider, whatever that whatever they believe in him. Well, I mean, that's that's I
think the most common issue for folks who are focused on these appointments is the is pro-life versus pro-choice a big onion.
So the
question now if you look at the
Actual ins and outs of nominating and confirming a Supreme Court Justice. You need several Republican Senators to say look I'm not going to do this given the timeline given the circumstances you need approximately three to come out and say that they're not down for this hurry up confirmation process, and there's a real possibility that those three Republican Senators exist. So if you
And I believe at least a couple of them
have already signaled that they are not going to go along with a confirmation process and some of them are up for re-election right now in right really tough races Susan Collins. And Maine is one of them. So hope is not lost. And the sense that there's a real chance that enough Senators look up and say look, it's really really not appropriate for us.
To cram a Supreme Court Justice in this time frame six weeks before an election, you know after we essentially waited a year in 2016 saying that the people should decide I think if we have a consistent message right now, it should be the let the people decide but you know and to your point about how this is going to affect the election. It's going to energize voters on both sides. There are many people who are going to look up and say wow we need to get
Trump re-elected because he can appoint a replacement to Ruth Bader Ginsburg and there are many voters around the country say we really need to get Joe and Kamala liked it because they're going to appoint a replacement to Ruth Bader Ginsburg and that to me is appropriate like that is a much much better process for us to determine who replaces RBG than doing this completely rushed and inconsistent with past practice.
Formation process that some people are looking to to Shepherd through in record time. I mean, they'll whole thing. Just leave a terrible terrible sense in many many Americans Minds as to what this process became and especially if it turns out that this new Justice ends up having an impact on the outcome of the election because there is a real chance that their legal challenges associated with this election,
I think.
This probably is a net positive for Republican turnout more than Democrat turnout in. The sense that I feel like Democrats have have a million reasons.
To want to vote against the Donald or fill their principles violated in certain ways, but Republicans may have been on the fence, but I don't love this drunk guy and he's yeah, I'm just gonna stay home are now like well, I now know I'm getting my vote if we win guarantees a conservative Justice on the on the court. That is more powerful. Now, let me ask you this or could be more powerful. Let me ask you this though. This is what Tim Alberta's point which is fast. He's like if someone hand Trump could say hey,
I want to nominate a Supreme Court Justice before the election. Here it is. I'm going to get done because who knows or they could wait they could say like we're elect me and I will do this and even if he loses, they still might be able to pass this thing and approve it between the end of you know, November 3rd, wherever the action that we count the votes and when Mike Pence swears in the next, you know the next Senate right the next Congress think there's a vice president's job.
Do you and that's this point? He's like Mitch McConnell has options here and he might actually choose to wait because you can still get what he wants but it affects the election a different way. What are your thoughts on how to play that or if they which way they lean either don't know it's interesting question.
Well, the excitement for Republicans could be elevated either way, like if you don't if you don't get the Justice say look you got to vote for Trump so we can get this Justice. That's very very powerful motivation.
If they get the Justice through I would argue that you know, you would also motivate the same group of Voters because they would see that that voting for Trump gets results in a particular way. Yeah, so but I agree that there there is a tactical issue, you know, it could be exciting to Republican voters who are motivated around this to say you got to get out there if you want this.
Justice I would also suggest though that to me let's say Trump loses and that outcome is determined in mid-november and then for the scent then to turn around and say hey the American people chose Joe, but now we're still going to go ahead and crammed in this appointment. I think that they would have a very very hard time convincing both the American people and even the Republican Senators that that was appropriate.
The least I think there would be a half a dozen Republican Senators who would stand up and say look, you know, we just lost an election, you know, like we're literally in a lame duck session in the last month the waning days of this Senate like some of us are leaving like like I don't think I don't think that process would would stand up personally. I mean like I've been wrong before about because you know people
'well people aren't very principled and some of these situations but I think that would be in some ways the most distasteful approach.
So here's out say I want to know if you agree with this like this is all we could kind of say right now because you never know how these things play out. But here's what I'd say to look out for I want your thoughts about you think I'm right. I say one look out for the Republicans to use this I will say extremely well to help Trump win in 2020, but I think Mitch McConnell while he's a
I'm bag and the definition of a hypocrite. He's a genius. He is a political genius if you will like he's a mastermind at winning elections. You should not win and getting things Pastor should not be passed and doing things American people do not like or even have any sort of tendency to prove majority basis, but I'd say political side from the Republicans going to use. Well, I think I'd be interested to see how this engages the women's vote in 2020. That's the second piece of this.
Because I do think that's what RBG stood for and that that puts this issue front and center on the ballot to me. And then third I'm really interested in how the Democrats can respond to this without frankly looking kind of lame or software. It's like no don't do it wait for us or you know, like like without looking reactive or passive in a certain way, but those are my three. I don't know anything to watch out for what you think.
Yeah. The the message should be let the people decide we have an
That's a good message and in six weeks one reaction. I did see that people were taking right now is to donate to Mitch McConnell's opponent Amy McGrath and and I would suggest that there are a couple of better things you could do than that though that that's a very natural emotional reaction. But Amy McGrath not hurting for money -
I can be expected right now. She's not gonna lose Christian enough money. Yes,
extra dollars are not going to make it out.
Nine that
Senate race is open that are closer right now that could use the money.
Sorry. Yeah, exactly. That's exactly right. Like if you're thinking I'm going to donate to Mitch McConnell's opponent pick one of the other races and donate to them instead like Lindsey Graham's opponent. Jamie Harrison's actually neck-and-neck with him in South Carolina. That's a political earthquake in the making so you don't you can donate them. Like they're a bunch of other races that make more sense and the second thing is
To try and put pressure on some of these moderate Republicans are going to be trying to decide whether or not to go along with this hurry up confirmation process. So Mitt Romney's one Lisa murkowski is another Susan Collins is another and there are a couple of others that I believe our sway a bowl and that could be for political purposes if they're up for re-election or it could be
No, just an emotional appeal as like your their constituents constituent. Let's say you're their constituent and you voted for them and didn't vote for them. Say look, you know, you're like you're my Senator like I feel strongly that you should just let the people decide let the election go like, you know working on the winnable Senate races and then working on the moderate Republicans who are going to decide this thing or their opponents if that's the way you decide to go, you know, like,
Then that to me would be like a couple of very concrete things that you could do. Another thing would be just to do more of whatever you're doing now. So phone bank call people text Bank volunteer make sure and vote if your friends are registered to vote particularly in swing states around the country. So those are some of the things that that I think we should be doing. This Senate looks very very,
Winnable for Dems this cycle where they could get a slight majority if they win some of these races.
So the Senate races that are close and closer to McGrath's are in Maine, North Carolina, South Carolina, Georgia, Arizona, Michigan, Colorado, Texas even Alaska. So those are the number of states giving you more info. Yank speaks listeners. So I agree we learn this a lot when we were running is that if you actually call your
Congressman or senator? They don't get a lot of calls like this. So if you're in many states have got five friends to call that actually hasn't way bigger impact than you think because people like oh, you don't listen to people the people don't actually talk to them very often. So that actually works. Let me ask you this and I think it's a good way to close is this feels dark to me. This is a sad day. This is a sad moment. I think ignoring your political ideology. I think a balance court is better than a no.
Overweight Republican one particularly when I think the the like the popular vote voted for Clinton last time but like I think the majority of the country is leaning more left at least in terms of sheer numbers. So this feels dark and heavy and there's a lot of people out there who are looking for a sign of Hope.
What to you what's the positive spin on this? What do you gives you hope as we come down the pipe post rbg's Legacy
first. It really is reflecting on what a tremendous figure and leader. She was just feeling like a sense of history mean Evelyn was incredibly sad to hear of her passing just Americans around the country are are devastated and
and just reflecting on what she's she means to so many of us. I was actually thinking to myself. Wow her passing. I was trying to think of other people that would have had a similar impact on on millions of people around the country and it's a very very short list. I mean, she's really one of the sort of the Mount Rushmore of of living American figures and you know until this week that and one of the so
I think there are a few reasons why we're sad right now there and they're all important. Number one is a human being that we are all that we all admired and treasured as gone. Number two is the tough truth that while Trump has can be nominated and confirmed two supreme court justices, they were replacing conservative justices. So we still as you're saying exact have like a moderately balanced cord. I mean, unfortunately a lot of rulings are going five four.
Along party lines with Roberts as sort of the Swing but you still have the sense of balance. RBG is very Progressive vote. And if you replace the progressive vote with a very conservative Justice and some of the folks that they have on the short list to be the next Supreme Court Justice are very conservative. Then that's a major major shift for the court where you have then six three.
Five for conservative majority is consistently down the board which is why we're all hurting on the side. And then the third thing is this forbidding sense that the Senate May abandon principal and and because of the abandonment principle, there's a sense that our institutions are eroding even further in many ways. I feel like this election is about integrity of American institutions.
And our trust in them and that trust has been slipping for years and decades for a variety of reasons. And now the Supreme Court which many of us have already questioned whether it's truly in a political entity over the last number of months and years but like now is in danger of becoming, you know, even more of a political football, it feels like you know what I mean like you and and so like I mean heck I remember reading some
Court rulings and like spending hours like pouring over the reasoning and whatnot. And then now it seems like that stuff's not actually how these things go down. It's just like well, you know like we were there we pointed this
person. I feel like I feel like people were like, they had their party line, you know, they're going and then someone wrote some sort of dissertation or response wherever it's called to explaining it on the blanks. Yeah,
like backing into it, you know, and each Supreme Court justice has four brilliant clerks who are like some of the best law school grads in the
tree that frankly you could get like a pretty good explanation for this get it right bait
you debated, you know, you take the other side. Yeah for sure and there are logical reasons for a whole bunch like whether you agree with him or not. You can find facts to support your opinion all the time. Sorry keep going. I mean, I mean, it's like a
Sinking Feeling the sinking feeling you have because you know, like you'd like to believe that legal reasoning transcends.
Like political beliefs. So these are the reasons why we're all sad Zach and like they're all very legitimate important reasons. Like the the thing I would say that you can take away from this that you could frame as a positive is that this will make it indisputably crystal clear to everyone on both sides on any side how important this election is like all of a sudden.
You know you look up and say wait a minute. There are a lot of fundamental legal rights that you may take for granted. Now that may actually be changed or called into question in the days to come and so if if there were folks who are on the fence about getting out there and voting on either side and there is this Instinct that you you suggested before that Tim suggest that's like that this is going to end.
dries one side more than the other but to me the positive from this is to just show how important this election is going to be and that we all need to do everything we can to get people out to vote to to fight for the candidates that we believe in because there's a lot at stake like a lot of things that we have grown to just believe as true about American Life met
Be called into question if this election goes in particular
direction.
I think what gives me hope and is this yes it puts importance on the election and your best case scenario right now to me is we we turn out as a country cooler heads prevail in November and it's such a stomping that
your congressmen or senators are on the way out. There's didn't ideally embarrassed from a clean sweep and that there's no way in their right mind without massive Revolt that they would try to push this across the Finish Line after the American people speak on November 3rd that to me is is a realistic outcome in our best case. I think
now I think there's a chance you see record turnout in part because I think there are some folks are going to be voting at higher levels because of mail-in voting, you know, this is actually
easy and people
Yeah, they're getting I love like people to me the NBA every single NBA player right now is wearing like boat and running ads like to me that's that that's never happened for my lifetime. I don't think it has a zero impact and if it gets 5,000 10,000 50,000 hundred thousand people in so many swing states to vote.
It only election and I will say FYI people following in the Democratic primary this year 2020 record turnouts record turnouts for Biden for Biden the same primaries. We were in in Iowa New Hampshire record turnouts. So that gives me hope you know. Yeah, let's
yeah, let's get out there and fight for it and vote mean that's really the big message. You can take from this and and continue to be inspired by do it.
Ginsburg because you can imagine the Arc of her life and her career and that the impact she's had been, you know, if any of us can accomplish anything even like, you know, five ten percent of that. I mean like, you know, we'd consider ourselves very very
fortunate to be successful. Yeah. So thank you guys for tuning in. This is our first kind of rapid response. But this is the fitting one right? No better reason than than the passing of a goat if you would the goat.
Yeah. It's
You know passing historic figure. Let's make her proud. You know, the thing I'd say is like for people who are sad right now just take that sadness and translate it into action because that's what she would want for us.
